United States District Court, S.D. New York
GREGORY J. MARCINSKI, Plaintiff,
RBS CITIZENS BANK, N.A., et al., Defendants
Gregory J. Marcinski, Plaintiff, Pro se, Otisville, NY.
For RBS Citizens Bank, N.A., Merrick Bank Corporation, Defendants: Geraldine Ann Cheverko, LEAD ATTORNEY, Eckert, Seamans, Cherin & Mellott LLC, White Plains, NY.
OPINION AND ORDER
LORNA G. SCHOFIELD, UNITED STATES DISTRICT JUDGE.
Gregory J. Marcinski, pro se, alleges that Defendants RBS Citizens, N.A. (" RBS" ) and Merrick Bank Corporation (" Merrick" ) engaged in unlawful credit reporting practices in violation of the Fair Credit Reporting Act, 15 U.S.C. § § 1681 et seq. (" FCRA" ). Defendants move to dismiss the Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted, asserting that Plaintiff's claims are time barred by the FCRA. Defendants' motion is denied.
I. Factual Background
The following facts are taken from the Amended Complaint and pro se Plaintiff's papers in opposition to the motion, and are assumed to be true for purposes of this motion.
Plaintiff has been incarcerated since April 2000. In 2010, he learned that he was the victim of identity theft, and that credit cards had been applied for and issued in his name. He has never applied for or obtained a credit card during his incarceration.
After learning of the identity theft, Plaintiff requested a copy of his credit report from Equifax Information Services, LLC (" Equifax" ), which he obtained on September 27, 2010 (" First Equifax Report" ). In reviewing his credit report, he discovered that two delinquent credit card accounts had been opened in his name at two banks, one with Defendant Merrick in May 2006, and the other with Defendant RBS in September 2007. Plaintiff submitted a notice of dispute to Equifax, alerting Equifax that he had not opened either the Merrick or the RBS credit card account (" First Equifax Notice" ). On November 8, 2010, Plaintiff received notification from Equifax that both Merrick and RBS had verified that he had in fact opened the credit card accounts. Plaintiff subsequently notified Merrick and RBS directly that he had not opened credit card accounts with their respective companies, but did not receive any response.
On April 4, 2013, Plaintiff again requested and received a copy of his credit report
from Equifax (" Second Equifax Report" ). In reviewing the Second Equifax Report, Plaintiff discovered that the delinquent credit card accounts with RBS and Merrick were still listed on his credit history. On June 24, 2013, Plaintiff submitted a notice of dispute to Equifax (" Second Equifax Notice" ), along with supporting documents, alerting Equifax that he had not applied for, obtained or used any credit card issued by RBS or Merrick, and that he had been incarcerated at the time the accounts were opened. On July 25, 2013, Plaintiff received word from Equifax that both RBS and Merrick had verified that the credit card accounts belonged to him and would remain on his credit record.
On August 6, 2013, Plaintiff requested and obtained a credit report from Trans Union LLC (" Trans Union Report" ). The Trans Union Report likewise recorded the delinquent credit card accounts with Merrick and RBS. On August 15, 2013, Plaintiff submitted a notice of dispute to Trans Union (" Trans Union Notice" ), along with supporting documents. As with the Equifax Notices, Plaintiff informed Trans Union that he had not applied for, obtained or used any credit card issued by RBS or Merrick, and that he had been incarcerated at the time the accounts were opened. On or around ...